The presiding judge, Justice Emeka Nwite, in a ruling, issued an order compelling the Independent National Electoral Commission to validate and recognise the Abure-led leadership of the party.
The court also validated the March 2024 Nnewi national convention of the party that produced the Abure-led executive.
Justice Nwite said, “I am of the view that, based on these cogent verifiable documents, the defendants’ attempt to impeach the validity of the leadership of the plaintiff fails.
“The plaintiff has proved his case, and I hereby make an order compelling the defendant to accord the plaintiff’s political party, under the leadership of Barrister Julius Abure, all the rights and privileges accorded to a political party duly registered in Nigeria.”
The plaintiff (Labour Party) in a suit marked FHC/ABJ/CS/1271/2024, sued the Independent National Electoral Commission as the sole defendant.
In the originating summons, the plaintiff asked the court to decide, among other things, whether by the combined interpretation of Sections 251(1)(r) and 285(14)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 43 of the Electoral Act, 2022, the plaintiff is entitled to be issued the Notice of the Refresher Training for Upload of Political Party Agents onto the Independent National Electoral Commission Portal for the Ondo State Governorship Election scheduled to hold on 16th November 2024 by the defendant.
The plaintiff also prayed the court for an order compelling the defendant to accord the plaintiff’s political party, under the leadership of Abure, all the rights and privileges accorded to a political party duly registered in Nigeria and a cost of 5 million naira for the action.
Recall that following INEC’s announcement that it did not recognise Abure as the National Chairman of the Labour Party, the party accused its presidential candidate in the 2023 general elections, Peter Obi, and Abia State Governor Alex Otti, of betrayal.
Meanwhile, INEC, in its counter-affidavit, challenged the party’s exclusion from the commission’s refresher training for uploading party agents ahead of the Edo and Ondo governorship elections.
The commission, through its legal team led by Tanko Inuwa (SAN), contended that the Labour Party’s suit sought declaratory reliefs that could not be granted based on admissions alone and that the party needed to prove its case.
INEC argued that the party’s leadership, including Abure, was invalid and that the March 2024 National Convention that re-elected Abure as chairman violated both the Nigerian Constitution and the Electoral Act.
INEC stated that it only deals with parties that have legitimate leadership in place and that, due to the failure of the political party to meet legal requirements for holding its national convention, the electoral body argued that the party no longer had valid leadership and urged the court to dismiss LP’s suit.
Meanwhile, in April 2023, Justice Hamza Muazu of a Federal Capital Territory High Court in Maitama, Abuja, issued an order restraining Abure and the National Secretary, Farouk Ibrahim, from parading themselves as national leaders of the party.
The court also barred the National Organising Secretary, Clement Ojukwu, and the Treasurer, Oluchi Opara, from parading themselves as executives of the party.
